TERMS OF PURCHASE AGREEMENT
By purchasing any eCourse (“Program”) from Wooversity, LLC (“Company”), and use of the content on wooversity.com and courses.wooversity.com you (“Client” and collectively, the “Parties”) agree to the following terms of this Purchase Agreement (“Agreement)”:
SERVICES
Company agrees to provide its Program and Client agrees to abide by all policies and procedures as outlined in this agreement as a condition of their participation in the Program.
DISCLAIMER
Client understands Company is not an agent, publicist, accountant, financial planner, lawyer, therapist, doctor or any other licensed or registered professional. Ideas presented in the courses, are not directive advice, counseling, or therapy. Company promises that all information provided by Client will be kept strictly confidential, as permissible by law. Client understands this Program will not provide health care, or diagnose, treat or cure any disease, condition or other physical or mental ailment of the human body. Client understands if they should experience any such issues they should see their registered physician or other practitioner as determined by their own judgment.
If the Client is under the care of a health care professional or currently uses prescription medications, the Client should discuss any changes with his or her doctor, and should not discontinue any prescription medications without first consulting his or her doctor. Client understands that the information in this Program is NOT medical, counseling or nursing advice and is not meant to take the place of seeing licensed health professionals.
PROGRAM STRUCTURE
• Programs are distributed daily, weekly, or monthly depending on the course.
Company’s requests for Client’s participation in the Program:
• Please move through the course content at your own discretion/speed, as it is released to you.
• Make a commitment to yourself to complete the course to the best of your ability.
• Reach out for support if needed.
TERM
Your course will begin when first payment is made (“Term”) OR on the start date specified for various courses. You will receive an email immediately upon sign up with instructions. Content may be done at client’s own personal pace once it is released to Client in alignment with payment agreements and start dates. Client understands that a relationship with Company does not exist between the Parties after the conclusion of the Program. If the Parties desire to continue their relationship, a separate agreement will be entered into.
TERMINATION
Company is committed to providing all clients in the Program with a positive Program experience. By signing below, Client agrees that the Company may, at its sole discretion, terminate this Agreement and limit, suspend or terminate Client’s participation in the Program without refund or forgiveness of monthly payments if Client becomes disruptive or upon violation of the terms. If Client decides to terminate this Agreement, no refunds will be issued.
PAYMENT
Client may pay through Stripe using a debit or credit card. Client grants Company the authority to charge the card(s). Recurring payments may be made for longer courses, the first payment will be deducted upon initial sign-up and then auto-deducted in accordance with the payment plan that was selected. The auto-deductions happen on the same date of the month for every re-occurrence in accordance with the original signup payment. Company reserves the right to suspend Services until payment is complete.
REFUNDS
Client is responsible for full payment of fees for the entire Program, regardless of whether Client completes the Program. To further clarify, no refunds will be issued.
AS-IS
Courses are sold on an as-is basis. Some content is created during live classes that have been edited, and therefore will occasionally have background noise, references to other materials, or other implications of such.
CONFIDENTIALITY
This Agreement is considered a mutual non-disclosure agreement. Both Parties agree not to disclose, reveal or make use of any information learned by either party during discussions, Or otherwise, throughout the Term of this Program (“Confidential Information”). Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party. Both Parties shall keep all Confidential Information strictly confidential by using a reasonable degree of care, but not less than the degree of care used by it in safeguarding its own confidential information. The obligation of the Parties hereunder to hold the information confidential does not apply to information that is subsequently acquired by either Party from a third party who has a bona fide right to make such information available without restriction. Both Parties agree that any and all Confidential Information learned as of the date of purchase shall survive the termination, revocation, or expiration of this Agreement.
COMPELLED DISLCOSURE OF CONFIDENTIAL INFORMATION
Notwithstanding anything in the foregoing, in the event that Client is required by law to disclose any of the Confidential Information, Client will (i) provide Company with prompt notice of such requirement prior to the disclosure, and (ii) give Company all available information and assistance to enable Company to take the measures appropriate to protect the Confidential Information from disclosure.
NON-DISCLOSURE OF COMPANY MATERIALS
Material given to Client in the course of Client’s work with the Company is based off content and teachings from the instructor’s personal course of studies (many of the core concepts/practices can be attributed to a lineage stemming from The Berkeley Psychic Institute and is not being claimed as proprietary), as well as personal experiences shared to enhance the teachings. Client agrees that material is solely for Client’s own personal use.
Company’s programs are for Client’s individual use only and are granted as a single-user license. Client is not authorized to use any of Company’s intellectual property for Client’s business purposes. All intellectual property, including Company’s and/or course materials, shall remain the sole property of the Company. No license to sell or distribute Company’s materials is granted or implied.
Further, by signing below, Client agrees that if Client violates, or displays any likelihood of violating, any of Client’s agreements contained in this paragraph, Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
NON-DISPARAGEMENT
Client shall not make any false, disparaging, or derogatory statement in public or private regarding Company, its employees, or agents. Company shall not make any false, disparaging, or derogatory statements in public or private regarding Client and its relationship with Company.
INDEMNIFICATION
Client agrees to indemnify and hold harmless Company, its affiliates, and its respective officers, directors, agents, employees, and other independent contractors from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys’ fees and costs, arising out of, or relating to, Client’s participation or action(s) under this Agreement. Client agrees to defend against any and all claims, demands, causes of action, lawsuits, and/or judgments arising out of, or relating to, the Client’s participation under this Agreement, unless expressly stated otherwise by Company, in writing.
DISPUTE RESOLUTION
If a dispute is not resolved first by good-faith negotiation between the Parties to this Agreement, every controversy or dispute to this Agreement will be submitted to the American Arbitration Association. The arbitration shall occur within ninety-(90)-days from the date of the initial arbitration demand and shall take place in Boulder, Colorado. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety-(90)-day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.
GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the state of Colorado, regardless of the conflict of laws principles thereof.
ENTIRE AGREEMENT; AMENDMENT; HEADINGS
This Agreement constitutes the entire agreement between the Parties with respect to its relationship, and supersedes all prior oral or written agreements, understandings and representations to the extent that they relate in any way to the subject matter hereof. Neither course of performance, nor course of dealing, nor usage of trade, shall be used to qualify, explain, supplement or otherwise modify any of the provisions of this Agreement. No amendment of, or any consent with respect to, any provision of this Agreement shall bind either party unless set forth in a writing, specifying such waiver, consent, or amendment, signed by both parties. The headings of Sections in this Agreement are provided for convenience only and shall not affect its construction or interpretation.
COUNTERPARTS.
This Agreement may be executed in one or more counterparts (including by means of facsimile or electronic mail via portable document format), each of which shall be deemed an original but all of which together will constitute one and the same instrument.
SEVERABILITY.
Should any provision of this Agreement be or become invalid, illegal, or unenforceable under applicable law, the other provisions of this Agreement shall not be affected and shall remain in full force and effect.
WAIVER.
The waiver or failure of Company to exercise in any respect any right provided for herein shall not be deemed a waiver of any further right hereunder.
ASSIGNMENT.
This Agreement may not be assigned by either Party without express written consent of the other Party.
FORCE MAJEURE.
In the event that any cause beyond the reasonable control of either Party, including without limitation acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisory, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Party to perform its obligations under this Agreement, the affected Party’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.
CLIENT RESPONSIBILITY; NO GUARANTEES.
Client accepts and agrees that Client is 100% responsible for its progress and results from the Program. Participation is a vital element to the Program’s success that relies solely on Client. Company makes no representations, warranties or guarantees verbally or in writing regarding Client’s performance. Client understands that because of the nature of the program and extent, the results experienced by each client may significantly vary. By purchasing the course, Client acknowledges that there is an inherent risk of loss of capital and there is no guarantee that Client will reach its goals as a result of participation in the Program and Company’s comments about the outcome are expressions of opinion only. Company makes no guarantee other than that the Services offered in this Program shall be provided to Client in accordance with the terms of this Agreement. Client understands that the content is not meant to be therapy or take the place of professional/medical advice. Each client is responsible for their own progress, decisions and to find their truth within the information shared. Any information, stories, examples, or testimonials presented in this course do not constitute a warranty, guarantee, diagnosis or prediction regarding the outcome of a course, or other experience related to use, engagement with, or consumption of content and services.
IN WITNESS WHEREOF, the Parties, intending to be legally bound, have executed this Client Agreement as of the date you make your first payment.